Effective 2025

 

Terms of service

FORMICA E-COMMERCE SITE TERMS OF Service

 

Effective 2025

 

Welcome to Formica’s website (the "Site").
The Site
is owned by Formica (Asia)
Limited("Formica"). The terms and conditions below (“Terms
of Use") govern your access and/or use of our Site which, subject
to the terms of these Terms of Use (as hereinafter defined), allows users to
(a) browse and search for products supplied by us, and (b) obtain or procure
such products.

 

By accessing or using this Site and any of the content or
services provided through the Site, you acknowledge that you have read,
understand and agree to the Terms of Use. The Terms of Use are subject to
change from time to time and should be reviewed for changes periodically. Use
of the website after such changes constitutes your acceptance of the Terms of
Use in effect at the time of such use. If you do not agree to these Terms of
Use, or amendments thereto or are ineligible to access and/or use our Site,
please cease all access and/or use of our Site.

 

In these Terms of Use, unless the context otherwise
requires:

 

(a)           the
words "Formica", "us", "we"
or "our" and the like means Formica;

(b)           "you"
(and its cognates) or "User" means the user of our Site; and

(c)           a
reference to "Site" shall be deemed to include all works,
information and materials (including without limitation documents, policies,
data, descriptions, names, logos, graphics, images, software, source codes,
application programming interfaces, music, audio files or other sounds,
photographs, videos, test environments, and images) which we may deploy or use
in connection with our Site (collectively "Materials") and/or
the goods and/or services offered therein (each a "Product").

2.             Scope
of Use

2.1          This
Site is provided by Formica. All software and content included on this Site,
such as text, images, and logos, are the owned or licensed property of Formica,
its licensors or content suppliers and are protected by United States,
Singapore, Hong Kong and other applicable copyright
laws. Subject always to your continuing compliance with these Terms of
Use Formica grants you a personal, non-transferable, non-exclusive,
non-sublicensable licence to view and use our Site and the Materials made
available to you on the Site in connection with your use of the Site.

2.2          Except
insofar as expressly permitted under these Terms of Use or otherwise in writing
by us or as may be allowed by applicable law, you shall not (and shall not
knowingly allow, permit, or assist any person to):

(a)           copy,
rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify,
disassemble, decompile, reverse-engineer, reverse-assemble, attempt to derive
the source code of, edit, sell, assign, transfer, distribute, license,
sub-license, or create derivative works based on, the whole or any part of the
Site;

(b)           attempt
to probe, scan, test the vulnerability of or gain unauthorised access to a
system or network or to breach or circumvent security or authentication
measures without proper authorisation;

(c)           make
alterations to, or modifications of, the whole or any part of the Site, nor
permit the Site to be combined with (or become incorporated with or in) any
other program(s);

(d)           use
the Site in any unlawful manner, for any unlawful purpose, or in any manner
inconsistent with these Terms of Use, including but not limited to any act or
omission that encourages or involves conduct that could constitute a criminal
offence, give rise to civil liability or otherwise violate any applicable law;
and/or

(e)           use
the Site in a way that could damage, disable, overburden, impair or compromise
the Site or interfere with another person's usage or access to the Site.

2.3          We
may from time to time, without giving any prior reason or notice, upgrade,
modify, alter, suspend, discontinue the provision of, or remove, whether in
whole in part, the Site and/or any information, Materials, Product, and/or
functionality provided therein, and we shall not thereby be liable to you or
any third party.

2.4          IF
YOU ACCESS AND/OR USE OUR SITE, AND/OR MAKE ANY ORDERS ON OUR SITE, YOU CONFIRM
(AND WE ARE ENTITLED TO ASSUME WITHOUT FURTHER INQUIRY) THAT YOU ARE AT LEAST
18 YEARS OF AGE OR OF THE RELEVANT AGE OF MAJORITY UNDER APPLICABLE LAW.

3.             Accounts

3.1          You
will be required to register for an account with us before you are entitled to
use certain functionalities within our Site. We shall have the right, in our
sole and absolute discretion, to: (a) determine the criteria for registration;
and (b) review, evaluate, approve and/or reject any registration, and any
decision by us in connection therewith shall be final and binding on you.

3.2          In
interacting with us, or by registering an account with us, you represent and
warrant that: (a) you possess the legal authority to create a legally
binding obligation between yourself and us; and (b) all information
provided by you in connection with such interaction or registration (as
applicable) is complete, true and accurate.

3.3          You
are responsible for maintaining the confidentiality and security of your log-in
information or password. Your log-in information and password may not be shared
with or used by any other person, and may only be used as we may expressly
authorize. You are solely liable for any unauthorized or otherwise
unlawful use of any log-in information and password we may make available for
you to access any part of this Site, and you will indemnify and hold
Formica harmless from any suit, Claim, Loss or damage (including attorneys'
fees) arising from or relating to the unauthorized or otherwise unlawful use of
any log-in information or password used to access any part of this Site.

4.             Terms
of Sale

4.1          If
you make an order or purchase of any products (“Order”) through
our Site, the terms in this Clause 4 shall apply to you.

4.2          To
place an Order, you must register with us by creating an account on the Site,
in accordance with Clause 3 above.

4.3          By
making an Order through our Site, you agree and acknowledge that:

(a)           each
Order constitutes an offer by you to us for the relevant Product;

(b)           you
may be required to indicate the date (and time, if applicable) on which you
wish to have the Order delivered to you;

(c)           your
Order may be accepted or rejected in our sole and absolute discretion. A
contract relating to your purchase of the Product(s) may only arise where your
Order is communicated to you as having been accepted. We may contact you
directly to confirm details relating to your Order, or any change to the terms
of your Order (for example, unavailability of Product and/or changes in
prices); and

(d)           where
you indicate remarks or other instructions to us in relation to any Order via our
Site, we do not have any obligation to meet any requirements indicated in your
remarks or other instructions.

4.4          Prices.

(a)           Whilst
we make best efforts to ensure that all details, descriptions and prices which
appear on this Site are accurate, there may be instances where errors may occur
for reasons such as technical issues or outdated product information.

(b)           If
we discover an error in the price of any Products which you have ordered, we
may, at our sole discretion, decide to cancel your Order. If this happens, we
will notify you via email. If you have already paid for your Order, you will
receive a full refund of the paid price in accordance with the refund timelines
outlined in our Returns and Refunds Policy.

(c)           Where
applicable, prices are exclusive of any tax and are in Hong Kong
Dollars. Delivery costs will be charged in addition where applicable; such
additional charges are clearly displayed and included in the “Final Total”.

(d)           We
are under no obligation to fulfil your Order if the price listed on the Site is
incorrect (even after your Order has been acknowledged by us).

4.5          Payment
of the listed price for each Product shall be made to us in accordance with the
accepted payment methods as indicated on the Site. If you fail to make any
payment pursuant to the terms and conditions of the payment method elected or
payment is cancelled, then without prejudice to any other right or remedy
available to us, we shall be entitled to cancel the Order and/or our contract
with you.

4.6          Formica’s
rights to decline Order. If, in Formica's judgment, your credit shall
become impaired at any time, Formica may decline to make shipments of your
Order hereunder except upon receipt of cash payments in advance or security or
other proof of responsibility satisfactory to Formica in its sole discretion.
If you fail in any way to fulfil the foregoing terms and conditions, Formica
may defer further shipments of your Order until such default is corrected.
Remedies provided herein shall be in addition to, and not in lieu of, other
remedies that may be available to Formica.

4.7          Payment
and payment services. You agree that you shall abide by any relevant
terms and conditions or other agreement that governs your access and/or use of
any payment services or related functionalities (including without limitation
payment methods) in connection with the acceptance and processing of payments
(including in respect of payment gateway services, settlement, and refunds)
("Payment Services") made available via the Site, which may be
provided by financial services providers providing or facilitating the
provision of Payment Services, e.g. banks, payment services businesses, payment
networks, financial institutions and other financial intermediaries (each a
"Financial Services Provider"). Without limiting the
generality of the foregoing, you acknowledge and agree that:

(a)           by
providing your credit card, debit card or other payment method details (“Payment
Details”), you authorise the Financial Services Provider to charge your
credit card, debit card or other payment method account, upon your confirmation
of your purchase, the amount of your purchase, including all fees and taxes
thereon. You hereby grant Formica your consent to collect, use and disclose to
any third party your booking/reservation and Payment Details in
connection with your booking/reservation and any processing of your requests
relating thereto;

(b)           the
fullest extent of our obligations in connection with any such
Payment Services is only to facilitate the making available of such
Payment Services by Financial Services Providers to you on a
"pass-through" basis and "as received" by you;

(c)           you
shall render reasonable cooperation and assistance to us to enable us
to comply with any terms and conditions imposed from time to time on
us by such Financial Services Provider in connection with Payment Services; and

(d)           we
may from time to time, add, remove, modify or discontinue, temporarily or
permanently, any payment processing method in our sole and absolute discretion.

4.8          Delivery.

(a)           We
aim to deliver the Product to you at the place of delivery requested by you in
your Order and the delivery date and time indicated by us at the time of
your Order checkout (as updated in the Order acknowledgement).

(b)           We
will attempt to notify you if we expect to be unable to meet our estimated
delivery date, but, to the extent permitted by law, we shall not be liable to
you for any losses, liabilities, costs, damages, charges or expenses arising
out of late delivery.

(c)           You
shall pay any extraordinary costs of shipment and delivery of the Products
and all sales, use, excise or similar taxes, or other charges, which Formica is
required to pay, or to collect and remit, to any Government (foreign
or local) and which are imposed on, or measured by, the sale. Payment of such
items shall be due on check out and/or receipt of invoice.

4.9          Returnable
containers. Returnable containers (if any) shall remain the property of
Formica. you shall maintain them in good condition and not use them to hold any
other products.

4.10        Transfer
of property and risk of loss. Unless otherwise indicated in these Terms
of Use, risk of loss or damage to and responsibility for products in your Order
shall pass to you upon delivery to carrier at shipping point. No shipment shall
be diverted or re-consigned without Formica’s prior written consent. Unless
otherwise expressly stated, Formica shall select means of transportation and
routing at its sole discretion. Formica retains title to all products sold to
you until Formica receives payment in full of all amounts due in connection
with the sale and Order thereof. You grant Formica a purchase money security
interest in all goods sold hereunder to secure payment of the purchase price.

4.11        Product
disclaimers. All Product descriptions, information and materials
posted on our Site are provided ‘as is’ and without warranties express, implied
or otherwise, and however arising. Product images as seen on our Site may
slightly differ from the actual product that you receive.

4.12        Claims.

(a)           You
shall inspect Products for nonconformity with the specifications provided
on our Site promptly upon receipt. Failure by you to give Formica written
notice of claim within 7 days from date of delivery shall constitute
a waiver by you of all claims in respect of such products.

(b)           We
will examine any Products which you claim are non-conforming and we will
advise you on the status of the replacement or refund (if any) via email as
soon as practicable. Formica may at its discretion refuse to process a
replacement/exchange order, and may, at its discretion, offer a refund as a
substitute remedy.

4.13        Refunds
and cancellation of orders.

(a)           Except
as expressly set out under applicable refund policies as may be notified to you
by us from time to time, all sales are final, and no returns, replacements or
refunds are permitted. If a replacement, return and/or refund is granted for
any Order (for any reason), the Order may be reversed, and you further agree to
bear all taxes and other duties payable thereon (including in the case of bank
transfers). We reserve the right to modify the mechanism of processing refunds
from time to time without notice to you.

(b)           You
may only terminate an Order in respect of products which have not been
manufactured and/or shipped. If you have and exercise a right to terminate any
order, you shall pay the costs incurred by Formica up to the date of
termination, including, but not limited to, the costs to manufacture the
subject products or the costs to return or cancel any products ordered from a
third party.

4.14        Excuses
for non-performance. If the manufacture, transportation, delivery, or
receipt by either party of any Products is prevented, restricted or interfered
with by reason of any event or cause whatsoever beyond the reasonable control
of the party so affected, such party shall be excused from making or taking
deliveries hereunder to the extent of such prevention, restriction or
interference, and neither party shall be liable to the other for default or
delay in performing its obligations, except payment obligations. If by reason
of any such event or cause, the quantities of the products covered hereby, or
of any materials used in the production thereof, reasonably available to
Formica shall be less than its total needs for its own use and for sale,
Formica may allocate its available supply of any such products among its
existing or prospective purchasers and/or its own departments, divisions and
subsidiaries in such manner as Formica deems reasonable, without thereby
incurring liability for failure to perform your Order.

5.             Privacy
Policy

5.1          It
is a continuing condition of your access and/or use of our Site and the
functions and programmes available therein that you agree and consent to the
collection, use and disclosure of your personal data for the purposes set out
in our privacy policy as amended from time to time, available at Privacy Policy.
The terms of the Privacy Policy are incorporated into these Terms of Use by
reference.

6.             Disclaimers

6.1          THE
SITE, MATERIALS AND/OR PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FORMICA DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. FORMICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OF THE PRODUCTS, USE OR THE RESULTS OF THE USE OF THE
MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
COMPLETENESS OR OTHERWISE.

6.2          FORMICA
EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, (a)
THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR,
OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE
CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT
NOTICE, AND FORMICA DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

7.             Limitation
of Liability

7.1          FORMICA
WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR
CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING THE
USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF FORMICA, AN
AFFILIATE OF FORMICA, OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FORMICA'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE
EXCEED THE AMOUNT PAID TO FORMICA, IF ANY. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8.             Indemnity

8.1          For
the purposes of these Terms of Use, unless the context otherwise requires:

(a)           "Claim"
means any claim, action, application, demand, proceeding, threat or any other
analogous claims; and

(b)           "Loss"
or "Losses" includes all losses, settlement sums, costs
(including legal fees and expenses on a solicitor-client basis), penalties,
fines, charges, fees, expenses, actions, proceedings, damages, Claims, demands
and other liabilities, whether foreseeable or not.

8.2          You
hereby unconditionally undertake to indemnify, defend and hold Formica, as well
as its
employees, servants, officers, agents, directors, partners and/or permitted
assigns (collectively, the "Indemnitees") harmless from and
against any and all Losses which may be sustained, instituted, made or alleged
against (including without limitation any Claim or prospective Claim in
connection therewith), or suffered or incurred by any Indemnitee, and which arise
(whether directly or indirectly) out of or in connection with:

(a)           your
breach of your representations, warranties, undertakings or obligations under
these Terms of Use;

(b)           your
breach of any applicable law;

(c)           your
violation of any rights, including without limitation the intellectual property
rights of any third party;

(d)           any
transactions entered into by you;

(e)           your
access and/or use of our Site (including the functions available via our Site)
and/or any Product (including without limitation any Claims by or against any
Financial Services Provider); and/or

(f)            any
action taken by us either as part of our investigation of any suspected breach
of these Terms of Use or as a result of our finding or decision that a breach
of these Terms of Use has occurred.

9.             User Content

9.1          For
the purposes of these Terms of Use, "User Content"
refers to content created, transmitted, posted and/or uploaded by you on the
Site, including customer reviews, materials, information, news, advertisements,
listings, data, input, text, songs, audio, videos, photographs, graphics,
software, blogs, webcasts, podcasts, broadcasts, messages, software, comments,
suggestions, and other content.

9.2          We
shall not have any responsibility to monitor, pre-screen or exercise editorial
control over User Content. Notwithstanding the foregoing, we shall have the
right in our sole and absolute discretion to screen, delete and/or remove any
User Content, including if we regard it, in our sole and absolute discretion,
to be false, misleading or deceptive, if we receive a complaint from another
User or a notice of intellectual property infringement or other legal
instruction for removal, or which in our sole and absolute opinion violates
these Terms of Use, or is otherwise illegal or objectionable, or any other
reason as we may see fit.

9.3          You
warrant and represent to us that when you post and/or upload User Content to
the Site, the User Content is original to you, you are the owner of all
intellectual property and other rights to the same, and your posting and/or
uploading of User Content on our Site will not expose us or other users to any
intellectual property Claims relating to such User Content.

9.4          We
may also block communication by you (including but not limited to feedback,
postings, messages and/or chats) to or from the Site as part of our effort in
protecting our Site and/or our other Users, or otherwise enforcing the
provisions of these Terms of Use.

10.          Intellectual
Property Rights

10.1        We or
our licensors (as the case may be) shall respectively retain all rights, title
and interests in and to any intellectual property rights owned by or licensed
to us which are or have been developed, conceived, originated, created and/or
generated independently of these Terms of Use (and/or outside the course of
performance of these Terms of Use), whether prior to the effective date of
these Terms of Use or otherwise. Any intellectual property rights developed,
conceived, originated, created and/or generated via our Site shall vest solely
in us. Any goodwill and/or custom arising from any use of our Site shall enure
solely to us.

10.2        You
acknowledge and agree that our Site, as well as any Materials and Products
provided via our Site, and all intellectual property rights comprised in and
associated therewith (collectively, "Site IPR") which
you may have access to are owned by Formica or the relevant third parties (as
the case may be, and as applicable) ("Relevant Owner").

10.3        If you
introduce, upload or post any User Content on or through our Site, you hereby
agree to:

(a)           grant
to Formica an unlimited, non-exclusive, worldwide, perpetual, irrevocable,
royalty free, sub-licensable right to use and exercise any of the rights
comprised in any intellectual property and/or other rights (including without
limitation, rights in copyright, publicity, and database rights) comprised in
such User Content, including without limitation the rights to host, use,
distribute, modify, run, copy, publicly perform, communicate, display,
translate and create adaptations and derivative works of your User Content;

(b)           irrevocably
waive and agrees never to assert, any and all Moral Rights (as defined below)
that you may have in or with respect to any User Content made or conceived
during performance of these Terms of Use, during and after the term of these
Terms of Use. "Moral Rights" includes without
limitation any rights to claim authorship of any work, to be identified,
against false identification, to not be falsely identified, to object to or
prevent the modification of any work, to not have an altered copy of a work be
represented as unaltered, to withdraw from circulation or control the
publication or distribution of any work, to have his, her or their name on the
work, and any similar right, existing under judicial or statutory law of any
country in the world, or under any treaty, including under Article 6bis of
the Berne Convention for Protection of Literary and Artistic Works 1886 (as
amended and updated from time to time), regardless of whether or not
such right is called or generally referred to as a "moral right.".

10.4        You
agree that you shall not reproduce, distribute, adapt, modify, republish,
display, broadcast, hyperlink, frame or transmit in any manner or by any means
or store in an information retrieval system, any part(s) of the Site IPR
without the prior written permission of the Relevant Owner. Any rights not
expressly granted herein are expressly reserved.

10.5        Nothing
in these Terms of Use confers on you any rights to use "Formica" and
any other trade marks, service marks, logos, get-up, trade names, goodwill,
internet domain names, slogans, product names and designations and other
proprietary indicia used as part of our Site, all of which are and remain the
property of Formica or the Relevant Owner(s).

11.          Termination

11.1        We shall
have the right to terminate your access to and/or use of the Site
(or any part thereof) for whatsoever reason, and without any prior notice to
you.

11.2        In the
event of termination of your access to and/or use of the Site (or any part thereof),
you shall remain liable for all payment transactions and/or any other
obligations you may have incurred under these Terms of Use prior to
such termination.

12.          Changes
and Modifications

 

12.1        Formica,
at its sole discretion, may change, modify, revise and or remove any portion of
these Terms of Use in whole or in part, at any time. Changes in these Terms of
Use will be effective when posted. Any use of the Site after such notice shall
be deemed to constitute acceptance of such changes, modifications, or
revisions. Formica may modify its Products or services at any time.

12.2        Formica
may terminate, change, suspend or discontinue any aspect of the Site, including
the availability of any features of the Site, at any time. Formica may also
impose limits on certain features and services or restrict your access to parts
of or the entire Site without notice or liability. Formica may terminate the
authorization, rights and license given to you, as provided herein, at any
time.

13.          Third-Party
Providers and Sites and External Linking to the Site

13.1        On the
Site, Formica may provide links or other access to websites or to payment
processing functions operated by other entities as a convenience to Site users.
If you use these site links, you will leave Formica's Site. Formica makes no
warranty or representation regarding, and does not endorse, any linked web
sites or the information appearing thereon or any of the products or services
described thereon. Formica disclaims all liability with regard to your access
to such linked web sites.

13.2        If you
would like to link to this Site, you may do so only on the basis that you link
to, but do not replicate, the home page of this Site. By establishing a link to
this Site,
you will be deemed to have agreed to the following conditions:

(a)           you
will not remove, distort or otherwise alter the size or appearance of any text,
description, image or content displayed on this Site or any Formica logo,
trademark, service mark, copyright, or other Site IPR;

(b)           you
will not create a frame or any other browser or border environment around this
Site and you will not replicate or mirror any content on this Site.

(c)           you
will not in any way claim, represent or imply that Formica endorses any
products or services other than its own;

(d)           you
will not misrepresent your relationship with Formica nor communicate any other
false, misleading or disparaging information about Formica, its products, or
its affiliates, employees or customers;

(e)           you
will not otherwise use any Formica trademarks or service marks displayed on
this Site without express written permission from Formica, and you shall make
no use of such marks in a manner that is likely to cause confusion with, dilute
or damage the goodwill in any Formica trademark or service mark;

(f)            you
will not link from a website that is not owned by you; and

(g)           your
will not link this website to any other digital destination that contains
content that is distasteful, pornographic, offensive or controversial,
infringes any intellectual property rights or other rights of any other person
or otherwise does not comply with all applicable laws and regulations;

(h)           you
will immediately remove and disable all links to this website upon Formica’s
request.

13.3        Formica
expressly reserves the right to revoke the right granted in this section for
breach of these terms or for any other act that Formica determines, in its sole
discretion, may damage Formica or its business in any way, and to take any
action it deems appropriate including, without limitation, disabling or
blocking any link to this Site and seeking appropriate legal remedies.
On request by Formica, you shall promptly remove and disable any link
to this Site. You shall fully indemnify Formica for any loss or damage
suffered by Formica for breach of any condition stated in this Section and for
any loss, damage or claim arising from or relating to your link to this Site.
Formica does not warrant or guarantee that any link to this Site
will be functional, and assumes no responsibility to assure that any link will
access this
Site.

14.          Trademark
and Copyright Information

14.1        Trademarks
and service marks that appear on the Site are trademarks of Formica or one or
more of its affiliates and may not be used in connection with any product or
service that is not Formica's or in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits
Formica. All trademarks and copyrights, unless otherwise noted, are owned or
licensed by Formica and its subsidiaries. All other brand names, product names,
or trademarks belong to their respective holders.

14.2        Copyright
Ordinance
Notification: The Copyright Ordinance (Cap. 528 of the laws of Hong Kong) (“Copyright
Ordinance”)
contains provisions related to limiting the liability of service providers such
as Formica who may create temporary reproduction of copyrighted work or provide online services,
subject to specific conditions. Where a copyright owner furnishes to
Formica (through Formica's designated representatives) a valid notice of alleged
infringement in the form prescribed by the Copyright Ordinance
or Formica becomes aware that the infringement has occurred, Formica
will take reasonable steps to remove or disable access to the relevant material as
reasonably practicable thereafter in accordance with the Copyright Ordinance.
Where the person who made available such material furnishes to Formica a valid counter notice
in the form prescribed by the Copyright Ordinance, Formica will take
reasonable steps to restore the relevant material if it is allowed to do so under the
Copyright Ordinance. Should you wish to provide a notice of
alleged infringement or a counter notice to Formica, please
ensure that such notice is in conformance with the form prescribed
by the Copyright Ordinance. Formica will not act on any notice unless the notice
is a valid notice in the form prescribed by the Copyright Ordinance.

15.          Governing
Law

15.1        These
Terms of Use and any dispute or claim arising out of or in connection with it
or its subject matter or formation (including non-contractual disputes or
claims) shall be governed by and construed in accordance with the laws of Hong Kong.
Parties agree to submit to the exclusive jurisdiction of the courts of Hong Kong.

16.          Local
Laws

16.1        This
Site is operated from or through one or more Formica or third-party facilities.
Formica makes no representation that the information and materials on the Site
are appropriate or available for use in other locations. Access of the Site
from locations where the content of the Site may be illegal is prohibited. If
you access the Site from other locations, you are responsible for compliance
with all applicable local laws. In addition, use of this Site is unauthorized
in any jurisdiction that does not give full effect to all provisions
of these Terms of Use including without limitation this paragraph and
the warranty disclaimers and liability exclusions above. Formica makes no
representation that materials on this Site are appropriate or available for use
in any particular jurisdiction. Any use in contravention of this provision or
any provision of these Terms of Use is at your own risk, and, if any
part of these Terms of Use is invalid or unenforceable under applicable
law, the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of these Terms of Use shall
govern such use.

17.          General
Terms

17.1        Assignment:
These Terms of Use is personal to you, and shall not be assigned or novated
either as to the whole or any part thereof, without our prior written consent.
We may, by notification to you, assign or novate the whole or any part of these
Terms of Use to any party, and you shall be deemed to have consented to such
assignment or novation, which shall be effective on the date that we notify
you.

17.2        Force
Majeure: Save as otherwise specifically provided in these Terms of Use, we
shall not be liable for failures or delays in performing our obligations
hereunder arising from any cause beyond our control, including but not
limited to acts of God, acts of civil or military authority, fires,
strikes, lockouts or labour disputes, epidemics, pandemics, governmental
restrictions, wars, riots, earthquakes, storms, typhoons, floods and breakdowns
in electronic and computer information and communications systems ("Force
Majeure Event") and in the event of any Force Majeure Event, the time
for our performance may be extended by us at our sole and absolute discretion
for a period equal to the time lost by reason of the delay.

17.3        Illegality/Severability:
The provisions of these Terms of Use are severable, and if any provision, or
any portion thereof, is determined by a competent court or tribunal to be
illegal, invalid or unenforceable for any reason, any remaining portion of that
provision, and all other provisions of these Terms of Use, shall remain valid
and enforceable to the fullest extent permitted by applicable law in order to
give effect to the intentions of the parties to these Terms of Use.

17.4        No
Partnership: The parties to these Terms of Use hereto are independent
contractors, and nothing in these Terms of Use shall create, or be deemed to
create, a partnership, joint venture or agency relationship between the parties
to these Terms of Use.

17.5        No
Waiver / Cumulative Rights: No omission or delay by a party to these Terms
of Use in exercising any or part of its rights under these Terms of Use shall
operate as a waiver thereof. Unless expressly stated otherwise (i.e. expressed
to be an exclusive right or remedy), the rights and remedies provided in these
Terms of Use are cumulative and not exclusive of any rights or remedies
(whether provided by law or otherwise).

17.6        Third
Party Rights: A person who is not a party to these Terms of Use has no
right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the laws of Hong
Kong) to enforce any term of these Terms of Use.

17.7        Entire
agreement. These Terms of Use, the Privacy Policy, and any
terms of sale constitute the entire agreement between you and Formica with
respect to the viewing and use of this Site. No modification to these
Terms of Use shall be effective unless it is executed by Formica. Any
alleged waiver of any breach of these Terms of Use shall not be
deemed to be a waiver of any future breach. A printed version of these
Terms of Use or any notice given by Formica in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating
to these Terms of Use or your use of this Site to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained by Formica in printed form.

 

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